Toscano v. Olesen’s Empirical Analysis

Citation profile

1 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““An Indictment for violation of § 1461 of the United States Penal Code ( 18 U.S.C. § 1461 ) was returned against the plaintiff on April 22, 1960, in the United States District Court for the Northern District of Texas, Dallas Division. Six counts of mailing unmailable matter were contained in the Indictment, alleging mailings at Los Angeles to different persons in the Texas district. This was done under the 1958 amendment to the section which allows prosecutions either in the district of mailing or the district of delivery. The object of this statute is ‘to make it possible to prosecute violators of section 1461 of title 18 of the United States Code (mailing of obscene or crime-inciting matter) not only at the place at which the objectionable matter is mailed, but also at the place of address or delivery.’ (Senate Report No. 1839, U.S.Code Congressional and Administrative News, 1958, Vol. 2 p. 4012.) * * * “As the Congress has clearly and constitutionally expressed the intent to consider mailing of obscene matter a partly continuous offense by allowing prosecution at either end, we need not concern ourselves with the possible hardship resulting from the exercise of this power. For that affects policy. Our function is merely to give effect to it.””

   1 later decision quote this exact passage · from the majority
   e.g. United States v. West Coast News Co.

2. ““ * * * I am of the view that the search and seizure were proper, as incidental to a lawful arrest. The matters seized, except those that have been returned or agreed to be returned, related to the instrumen-talities of the offense, — the knowing use of mail for transmission of obscene and unmailable matter.” (emphasis in original)”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Klaw